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Patna High CourtL.P.A/1030/2014dismissed

Ganga Sagar Ojha v. The Food Corporation Of India And ORS

2017-05-04Justice Smt. Nilu Agrawal,Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1030 of 2014 IN Civil Writ Jurisdiction Case No. 2828 of 2008 ===========================================================

1. Ganga Sagar Ojha Son of Late Daulat Ojha resident of Mohalla- Hanuman Nagar, P.S.- Patrakarnagar, District- Patna.

.... .... Appellant/s

Versus

1. The Food Corporation of India, through the Chief Managing Director, Food Corporation of India, Barakhambha Lane, New Delhi.

2. Zonal Manager (East), Food Corporation of India, Middleton Road, Kolkata.

3. Senior Regional Manager, Food Corporation of India, Exhibition Road, Patna.

4. District Manager, Food Corporation of India, Exhibition Road, Patna. .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr Banwari Sharma Mr. Shiv Kumar Mr Sahjanand Sharma For the Respondent/s : Mr.Prabhakar Tekriwal =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 04-05-2017 Heard learned counsel for the appellant and learned counsel for the Food Corporation of India The order of promotion contained in Annexures 3 and 4 was conditional orders subject to no vigilance case either being pending or contemplated or not undergoing any penalty at present before serving the order. Fact of the present case is that the appellant was convicted in a criminal case and that conviction was upheld right till the High Court for the relevant period i.e. 1989.

Patna High Court LPA No.1030 of 2014 dt.04-05-2017 2/2 Expectation, therefore, of the appellant that he can still derive benefit of promotion despite the kind of conduct he has shown as employee of the Corporation is misplaced. The appeal has no merit. The learned Single Judge was not in error by dismissing the writ application.

Appeal is dismissed.

(Ajay Kumar Tripathi, J) (Nilu Agrawal, J) sk AFR/NAFR NAFR CAV DATE NA Uploading Date 05.5.2017 Transmission Date NA